1. Field of the Invention
This invention relates to a system and method for capturing a signature and applying the signature to one or more documents to meet legal and operational signature requirements.
2. Description of the Related Art
With the advent of worldwide computer networking via the Internet and the creation of an electronic commerce industry, there has been a related effort to ensure that electronic transactions can be completed and binding contracts formed. One of the foundations for forming a binding contract or completing a transaction is standards for electronic signatures and digital signatures.
The terms “electronic signature” and “digital signature” are often confused. Electronic signatures refer to any method used to associate a person's identity with an electronic record. Digital signatures refer to a specific technology (using asymmetric cryptography) for binding a person's identity to an electronic record. Digital signatures are generally regarded as the most robust and secure method for creating electronic signatures. There are often additional requirements imposed by legislation, for example, an affirmative opt-in election to use e-signatures and e-records and consumer notices and abilities tests.
There is already a growing body of legislation throughout the United States, and the world regarding the use of electronic and digital signatures. At this time there is a combination of legislation regulating the use of electronic signatures within the 50 states, and at the national level. However, unlike traditional pen and paper signatures, electronic and/or digital signatures may not carry the force of law.
There are two general types of legislation on the subject of electronic signatures. The first type is technology neutral (i.e. it does not specify or require a particular technology for e-signatures). Examples of this type of legislation are the U.S. Federal E-SIGN (Electronic Signatures in Global and National Commerce) Act (October 2000) and the Uniform Electronic Transactions Act (UETA) passed in 47 U.S. states (through 2004).
The second type includes hybrid digital signature acts, which give special status to certain types of electronic signatures known as digital signatures created using public key cryptographic technology. These hybrid laws generally provide for the recognition of any reasonable electronic signature, but accord higher status to digital signatures that meet certain defined requirements. Examples of these types of laws are the European Union Digital Signature Directive and the Singapore Electronic Transactions Act.
While current federal law requires federal agencies and courts to accept legally compliant digital or electronic signatures and a handful of state laws have similar requirements with respect to state agencies and courts, most states do not have such laws and no law requires private businesses or private educational institutions to accept such signatures. There are also jurisdictional issues to consider. For example, the U.S. E-SIGN Act does not cover intra-state transactions (lack of federal jurisdiction), UCC transactions (other than UCC 2 & 2A), and international transactions (no enforceability across borders). Legal experts believe that a consistent and workable legal infrastructure for electronic signatures, at the statutory level, will remain elusive for many years to come.
In a number of industries there is both a legal requirement and an operational need to provide executed documents with a signature. In order to meet this need it has been proposed to use digital or other types of electronic signatures. Many of the technologies for creating a digital signature involve the custom creation of a font, for example, based upon an individual's handwriting. Some systems allow users to sign documents locally on their personal computer with specific software that locks the document from further editing. Other technologies include elaborate and expensive systems using certification authorities and Public Key Infrastructure (PKI) encryption technologies that require digital signatures.
There are several drawbacks to these existing systems. Primarily, such systems are expensive to install and maintain. Many of these systems also require installation and management of PKI and certification authorities, which often require users to obtain digital signatures, often through the mail. This significantly slows down the processing of users, for example, production of a background check for applicants for employment positions. These systems often focus on authentication of a signature against a database of existing signatures or focus on handwriting recognition of a captured signature. Additionally, such systems often emphasize local signature capture and storage, rather than a networked system, for example, across an Internet environment.
Furthermore, in some instances, although a document may be able to be provided with an electronic signature meeting the appropriate legal requirements, the entity requiring the signed document may not accept an electronic signature. Such entities often require a signature with the appearance of a traditional pen-and-ink signature.
For example, in the employment background screening industry there are legal requirements for a signed authorization permitting the background check. While employers are required to have a job applicant's signature on an authorization and other documents, a background screening company is not required by law to have a copy of the authorization. Most background screening companies do not require client/employers to provide them with the generic signed authorization with the initial order. However, in addition to the generic authorization, in order to solicit other specific information, other signed documents (e.g., state motor vehicle record authorization forms, state workers compensation history authorization forms, etc.) may be needed. Information sources or providers (e.g., employers, educational institutions, state workers compensation departments, state motor vehicle departments, etc.) often require copies of signed authorizations or other documents before they will provide background screening companies or employers with the information requested. Generally, background screening companies must either request signatures on such documents when a need arises or simply report back to the client/employer that they were unable to obtain the requested information due to the lack of the signed authorization.
In addition, many of these information sources, particularly previous employers and educational institutions, are not highly sophisticated and/or may refuse to accept digital signatures or standard electronic signatures (e.g., /Typed Name/). Previous attempts to address this problem generally involve mailing executed documents with pen-and-ink signatures, transmitting pen-and-ink signed documents via facsimile, or e-mailing scanned images of a pen-and-ink signed document. These solutions have a number of shortcomings, most significantly that fact they all must start with an original pen-and-ink signature.
As previously noted, while digital or electronic signatures may meet the legal requirements of a signature, they often fail to meet the operational requirements of a signature. In situations where a signature is used to access records or obtain information, many private (non-governmental) record sources and some state agencies and state courts refuse to accept a digital or electronic signature as a valid signature. A copy of a pen-and-ink signature or the equivalent thereof is often required.
The information included in this Background section of the specification, including any references cited herein and any description or discussion thereof, is included for technical reference purposes only and is not to be regarded subject matter by which the scope of the invention is to be bound.